Thomas Miller Video Productions, 

3101 East Walnut St Colmar,

Pa 18915 tdmiller1@gmail.com

215-589-2537 cell phone 

July 30, 2015 

US Department Of Transportation 

Federal Aviation Administration 

800 Independence Ave SW Washington DC 20591

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012(the reform act) and 

CFR Part 11 Thomas Miller Video Productions, owner requests to be exempted from the Federal Aviation 

Regulations (FAR) listed below so that Thomas Miller Video Productions may operate UASs commercially 

in airspace regulated by the FAA., as long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333.

Thomas Miller Video Productions is owned Thomas D Miller, a Pennsylvania resident, with a 

Pennsylvania Drivers license. Thomas has a Student pilot’s license and will be the PIC. All operations 

will be performed with the public’s safety in mind and right to privacy safeguarded at all times. 

As described below, the requested exception would permit the operation of light weight (less 

than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial use by a Student pilot 

with full knowledge of airspace fulfilling the Secretary of Transportation’s ( the FAA Administrator’s) 

responsibility to” establish requirements for safe operation of such aircraft systems in national airspace 

systems.” Section 333(c), of the Reform Act. 

Thomas Miller Video Productions UASs (Phantom 3 Pro) are rotorcraft weighing less than 55 

pounds including payload. They operate at a speed less than 50 knots and have the capability to hover 

and move in the vertical and horizontal plane simultaneously. The air craft has an auto return to launch 

point when battery power is under 25%. The UAS will operate within the line of sight within a protected 

flight area as described below and at 200 feet AGL or less with an observer located close at hand as to 

make voice communication possible. The PIC (Thomas Miller) has a screen that indicates AGL, Speed, 

and distance aircraft is from the PIC. These operations will not create a hazard to users of the nation 

airspace, public nor the environment. 

Thomas Miller Video Productions respectfully requests the grant of an exception to the 

following specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight 

UASs for commercial use, 

• 14 CFR 21, subpart H

• 14 CFR 45.23 (b)

• 14 CFR 91.7 (a)
• 91.9 (b) (2) 91.103 (b),

• 91.109,

• 91.119, 

• 91.121,

• 91.151,(a),

• 91.203(a) &(b),

• 91.405(a),

• 91.407(a)(1),

• 91.409(a)&(b). 

Thomas Miller Video Productions submits this application in accordance with the Reform Act 

,112 P.L. 95 331334, seeking relief from any currently applicable FAR’S operating to prevent Thomas 

Miller Video Productions future commercial use of small UASs to operate in the national airspace system 

as described below. The reform Act section 332 provides for such integration of civil unmanned aircraft 

into our national airspace system as it is in the public’s interest to do so. 

Thomas Miller Video Productions UAS meets the definition of “small unmanned aircraft” as 

defined in Section 331 and therefore the integration of these UASs are expressly contemplated by the 

Reform Act. Thomas Miller Video Productions would like to operate its lightweight UASs prior to the 

time period by which the Reform Act requires the FAA to promulgate rules governing such aircraft. 

The Reform Act directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in national airspace before completion of the rule making required 

under Section 332 of the reform Act. In making this determination, the Secretary of Transportation is 

required to determine which UASs do create a hazard to users of the national airspace system or the 

public or pose a threat to national security in light of the following: 

• The UASs size, speed, weight and operational capability 

• Operation of the UASs in close proximity to airports and populated areas

• Operation of the UASs within visual line of sight of the operator 

Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in 

National Airspace System, the secretary shall establish requirements for the safe operation in national 

airspace. 

Thomas Miller Video Productions are rotorcrafts weighing less than 55 lbs. and they operate at 

speeds less than 50 knots and have the capability to operate in the vertical and horizontal plane 

simultaneously. The UASs will operate only within the line of sight of the operator within a protected 

flight area and at 200 feet AGL or less. These will not present a hazard to the national airspace nor the 

public. 

The very small nature of these UASs combined with the safe guards presented below, will allow 

for the safe operation greater than that envisioned by Congress for the FAA to establish and by 

exemption allow commercial operations of UASs to commence immediately. Also due to the size of 

UASs and the areas and altitudes they will operate approval of this exception presents no national 
security issues and absolutely minimal safety concerns which have been mitigated through our rigorous 

risk management process. Given the clear direction given in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended, the strong equivalent level of enhanced safety, 

reduced emissions utilizing UASs verses traditional aircraft as well as the economic impact of greatly 

reducing the cost of aerial photography thereby benefiting the greater public’s interest. Accordingly, the 

applicant requests that the FAA grant the requested exemption without delay. 

The following will be considered as the binding limitation on operations of Thomas Miller Video 

Productions, 

• Flights will be operated in the line of sight of the operator(PIC) and Observer,(VSO) 

• All required FAA clearances, will be obtained and distances from airports strictly 

observed.

• Flights will be terminated at any time weather and wind deteriorate to “unsafe for 

flight” by manufacturers recommendations,

• Flights will only occur in the daylight hours, 

• The UASs will weigh less that 55 lbs. (2.9lbs to be exact), 

• Flights will be operated at 200 feet AGL or less.

• PIC will have a Hand held Radio to monitor local air traffic for added saftey

• Crew will be at a minimum of operator(PIC) and an observer and/or camera 

operator(VSO), Operator and crew will remain in contact during the flight operation, 

• The UASs operator will perform a check of the flight area and make certain of the safety 

of all persons in the area, 

• Consent will be obtained from all persons within the video capabilities of the units to 

further reduce the chance of violating anyone’s privacy. 

• All UASs will have the capability to return automatically to the operator in a safe manner 

with the auto return function checked and working. 

• Flights will only operate in VFR conditions. 

• UASs have a function on the control to tell operator the distance away from the 

operator and its battery power remaining. 

• Flight team will communicate by voice and the use of two-way radio if the area is too big 

to hear voice from all team members. 

• UASs will be used to video for commercial marketing and advertising.

• When operating over or near water the UASs will be equipped with flotation devices so 

that recovery can be made as to prevent lithium battery exposure to the water table. 

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1) Subpart H, 

entitled Airworthiness Certificates, sets forth requirements for procurement of necessary certificates in 

relation to FAR 91.203(a)(1). The size, weight and defined area of operations for Thomas Miller Video 

Productions, UAS flights permits exception from Part 21 because they meet an equivalent level of safety 

pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 USC 4470(f) and Section 333 of the Reform 

Act. Both pieces of legislation permit the FAA to exempt UAS from airworthiness certificates in 
consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. Thomas Miller Video Productions meets or exceeds each of these elements 

As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA for 

flights at or under 200 AGL to any UASs operator with a section 333 exemption. 

 14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and registrations. 

These are inapplicable for the same reasons stated above. The equivalent level of safety 

will be achieved by maintaining such certifications and registrations at Thomas Miller 

Video Productions operations center. 14CFR91.7 (a) prohibits the operation of an 

aircraft without an airworthiness certificate. As no such certificate will be applicable in 

the form contemplated by FAR’s this regulation is inapplicable. 14 CFR 91.9(b)(2) Civil 

Aircraft Flight Manual in Aircraft 

 14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots 

or passengers, and given the size of the UASs this regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining such certifications and 

registrations at Thomas Miller Video Productions operations center. The FAA has 

previously issued exemptions to this regulation in Exemptions No’s 

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827. 

 14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil 

aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. 

Thomas Miller Video Productions will only operate its UASs at or below 200AGL. They 

will be operated on a will defined AOR that has been carefully reviewed for hazards and 

minimizes the presence of any persons not essential for these operations. Flights will 

only be over private property that the owner has consented and all persons within this 

video area also give consent for this filming. Compared to flight operations of 

conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs., 

operating below 500 AGL with flammable fuel UASs operations present a far smaller risk 

to the public.

Approval of these 333 Exemptions allowing commercial operations of small UASs in the service 

of aerial photography will greatly enhance safety by reducing the overall risk associated with traditional 

aircraft. Traditional aerial photography requires large aircraft with flammable fuel to fly in close 

proximity of populated areas and people in general. With the use of small UASs of 55 lbs. or less, battery 

operated and fling below 200 feet AGL the risk of injury of people on the ground or the crew has been 

reduced or almost erased. Granting Thomas Miller Video Productions the above exemption will allow for 

the expansion of UAS systems into the future for the safe conduct of free enterprise and the enjoyment 

of the masses. Thomas Miller Video Productions respectfully requests the FAA grant its exception 

without delay. The FAA has the authority to issue the exemption sought Thomas Miller Video 

Productions pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the AC

Sincerely,

Thomas D Miller, Owner

Thomas Miller Video Productions

3101 East Walnut st, Colmar Pa